ANIRUDDHA BOSE,J. - (1.) The writ petitioners were engaged by an agreement executed on 21st October, 2011 as crushers of BPL Wheat for the purpose of distribution through public distribution system. On the allegation of certain irregularities, the petitioners' licence was suspended and a notice to show cause was issued on 7th December, 2011. The petitioners had asked for three documents in order to meet the allegation being copy of complaint, report of the Inspection Team and the report of the Analyst. None of the documents were supplied before hearing of the show cause took place and without being given any opportunity to consider such reports, the agreement of the petitioners was terminated by the Director, District Distribution, Procurement and Supplies on 6th February, 2012. The petitioners seek revocation of this order of termination on the allegation that this has been passed without relevant documents being made available to them. This omission on the part of the authorities, in my opinion, is fatal to the impugned order of termination being violative of principles of natural justice. I accordingly quash the order of termination, which is being Annexure P/10 to the Writ Petition.
(2.) Since, however, there is allegation of irregularities against the petitioner and the order of termination is being revoked on certain technical grounds and not on merit, I am of the view that the authorities shall be at liberty to give a further opportunity of hearing to the petitioners. It is now admitted position that the petitioner is in possession of the copies of these documents excepting the copy of the complaint and the report of the Inspection Team. I am accordingly not issuing any direction for making available those documents to the petitioner of which the petitioners already have access to. Let copies of the two documents referred to above be made available to the petitioner within a period of seven days.
(3.) In the event the authorities want to continue their proceedings against the petitioner further, a fresh hearing shall be posted and reasoned order should be passed within a period of five weeks. In the event, the hearing cannot be concluded and order passed within the aforesaid period, then petitioners' suspension order shall also stand revoked and the petitioner shall be entitled to carry on with the business in pursuance of the aforesaid agreement. In the event, decision is taken within the prescribed time frame, then future course of action would depend on such decision. So far as the existing stock of wheat and Atta produced by the petitioners is concerned, the same shall be tested afresh by the respondents within a period of seven days and if they are found to match the quality specified, then they shall be distributed through the public distribution system against payment at the stipulated rate, but this exercise shall be undertaken under the supervision of an officer to be deputed by the Director, District Distribution, Procurement and Supply, Food and Supplies Department. The petitioner shall be entitled to file a supplementary to their reply within three days from the date the aforesaid two documents are made available to them.;